Crossrail Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 2 — Works: further and supplementary provisions
66

(b)
any land adjacent to such a building (but not any building on any
such land).
      (8)
Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents)
shall apply to the service of notices under this paragraph with, in subsection
(4), the substitution for the words from “authority” to “document is to be
5
served” of “nominated undertaker”.
      (9)
In sub-paragraph (2), the reference to the permitted period is to the period
beginning with the completion of the supporting or strengthening under
paragraph 5 and ending 5 years after the date on which the work which
necessitated the supporting or strengthening was brought into general use.
10
     (10)
In this paragraph, “notice” means notice in writing.
7     (1)
Where the nominated undertaker exercises any power under paragraph 5 or
6, it shall compensate the owners and occupiers of the building or land in
relation to which the power is exercised for any loss which they may suffer
by reason of the exercise of the power.
15
      (2)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (1), or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
      (3)
Nothing in this paragraph shall affect liability to pay compensation under
20
section 6 of the Railways Clauses Consolidation Act 1845 (c. 20), as
incorporated with this Act, or section 10(2) of the Compulsory Purchase Act
1965 (c. 56), as applied to the acquisition of land under section 6(1), or under
any other enactment, otherwise than for loss for which compensation is
payable under sub-paragraph (1).
25
Discharge of water
8     (1)
The nominated undertaker may use any watercourse or any public sewer or
drain for the drainage of water in connection with the construction or
maintenance of the works authorised by this Act and for that purpose may
lay down, take up and alter pipes and may, on any land within the limits of
30
deviation for the scheduled works or within the limits of land to be acquired
or used, make connections with the watercourse, sewer or drain.
      (2)
The nominated undertaker shall not discharge any water into any public
sewer or drain except with the consent of the person to whom it belongs; and
such consent may be given subject to such terms and conditions as that
35
person may reasonably impose but shall not be unreasonably withheld.
      (3)
The nominated undertaker shall not make any opening into any public
sewer or drain except in accordance with plans approved by, and under the
superintendence (if provided) of, the person to whom the sewer or drain
belongs, but such approval shall not be unreasonably withheld.
40
      (4)
The nominated undertaker shall not, in the exercise of the powers conferred
by this paragraph, damage or interfere with the beds or banks of any
watercourse forming part of a main river.
      (5)
The nominated undertaker shall take such steps as are reasonably
practicable to secure that any water discharged into a watercourse or public
45
sewer or drain under the powers conferred by this paragraph is as free as

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Schedule 2 — Works: further and supplementary provisions
67

may be practicable from gravel, soil or other solid substance or oil or matter
in suspension.
      (6)
This paragraph does not authorise the doing of anything prohibited by
section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of
polluting controlled waters).
5
      (7)
Any dispute as to the giving of consent under this paragraph shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
by the Secretary of State.
      (8)
In this paragraph—
(a)
“public sewer or drain” means a sewer or drain which belongs to a
10
sewerage undertaker, the Environment Agency, an internal drainage
board, a local authority, an urban development corporation or a
harbour authority within the meaning of the Harbours Act 1964
(c. 40),
(b)
“watercourse” includes rivers, streams, ditches, drains, cuts,
15
culverts, dykes, sluices, sewers and passages through which water
flows, except a public sewer or drain, and
(c)
other expressions used both in this paragraph and in the Water
Resources Act 1991 have the same meanings as in that Act.
Entry for preparatory purposes
20
9     (1)
The nominated undertaker may, for the purposes of this Act—
(a)
survey or investigate any land within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used
or which may be affected by the works authorised by this Act,
(b)
without prejudice to the generality of paragraph (a), make trial holes
25
in such positions as it thinks fit on any such land to investigate the
nature of the surface layer and subsoil and remove soil samples,
(c)
without prejudice to the generality of paragraph (a), carry out
archaeological investigations on any such land,
(d)
take steps to protect or remove any flora or fauna on any such land
30
which may be affected by the carrying out of the works authorised
by this Act,
(e)
place on, leave on and remove from any such land apparatus for use
in connection with the exercise of any of the powers conferred by
paragraphs (a) to (d), and
35
(f)
enter on any such land for the purpose of exercising any of the
powers conferred by paragraphs (a) to (e).
      (2)
No land may be entered, or equipment placed or left on or removed from
land, under sub-paragraph (1) unless at least 7 days’ notice has been served
on every owner and occupier of the land.
40
      (3)
The power conferred by paragraph (f) of sub-paragraph (1) includes power
to enter with such vehicles and equipment as are necessary for the purpose
of exercising any of the other powers conferred by that sub-paragraph.
      (4)
Any person exercising the power conferred by sub-paragraph (1)(f) on
behalf of the nominated undertaker shall, if requested to do so, produce
45
written evidence of his authority.

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Schedule 2 — Works: further and supplementary provisions
68

      (5)
This paragraph shall not authorise the making of trial holes in a carriageway
or footway without the consent of the highway authority, but such consent
shall not be unreasonably withheld.
      (6)
Any dispute as to the giving of consent under sub-paragraph (5) shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
5
by the Secretary of State.
      (7)
The nominated undertaker shall compensate the owners and occupiers of
land in respect of which the powers conferred by this paragraph are
exercised for any loss which they may suffer by reason of the exercise of
those powers.
10
      (8)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (7) , or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
Temporary interference with waterways
15
10    (1)
The powers conferred by this paragraph shall be exercisable in relation to
the following waterways for the purposes of or in connection with the
exercise of the powers conferred by this Act with respect to works—
the River Thames,
the River Lea,
20
West India Dock North and South,
Poplar Cut,
the Grand Union Canal,
the Regent’s Canal,
Bellmouth Passage,
25
City Mill River, and
Frays River.
      (2)
The nominated undertaker may—
(a)
temporarily interfere with a waterway mentioned in sub-paragraph
(1) at any point within the limits of deviation for the scheduled works
30
or within the limits of land to be acquired or used, by constructing or
maintaining such temporary works, or by carrying out such
dredging works, as it considers necessary or expedient,
(b)
temporarily moor or anchor barges or other vessels or craft in a
waterway mentioned in sub-paragraph (1), or
35
(c)
temporarily close a waterway mentioned in sub-paragraph (1), or a
part of such a waterway, to navigation.
      (3)
The power conferred by sub-paragraph (2)(c) shall be exercised in a way
which secures—
(a)
that no more of the waterway is closed to navigation at any time than
40
is necessary in the circumstances, and
(b)
that, if complete closure of the waterway to navigation becomes
necessary, all reasonable steps are taken to secure that the minimum
obstruction, delay or interference is caused to vessels or craft which
may be using or intending to use it.
45
      (4)
The nominated undertaker shall not be liable for any loss suffered, or costs
or expenses incurred, by any person as a direct or indirect result of any

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Schedule 3 — Highways
69

interference in accordance with this paragraph with a public right of
navigation.
      (5)
The nominated undertaker shall compensate any person who suffers loss as
a result of any interference in accordance with this paragraph with a private
right of navigation.
5
      (6)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (5) , or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
Schedule 3
10
Section 3

Highways
Stopping-up
1     (1)
The nominated undertaker may, in connection with the construction of the
works authorised by this Act, stop up each of the highways or parts of
highways specified in the following table.
15
      (2)
No highway or part of a highway specified in columns (1) and (2) of Part 1
of the following table shall be stopped up under this paragraph unless all the
land which abuts on it falls within one or more of the following categories,
namely—
(a)
land to which there is no right of access directly from the highway or
20
part to be stopped up,
(b)
land to which there is reasonably convenient access otherwise than
directly from the highway or part to be stopped up,
(c)
land the owners and occupiers of which have agreed to the stopping
up of the highway or part, and
25
(d)
land which is in the possession of the Secretary of State.
      (3)
No highway or part of a highway specified in columns (1) and (2) of Part 2
of the following table shall be stopped up under this paragraph if a new
highway is specified in relation to it in column (3) of that Part of the table, by
reference to the letters and numbers shown on the deposited plans or by
30
reference to scheduled works, until—
(a)
where the new highway is provided in exercise of the powers
conferred by this Act, the later of the date of practical completion and
the date on which it is first open for public use, and
(b)
where it is not, the date on which it is first open for public use.
35
      (4)
Where a new highway specified in column (3) of Part 2 of the following table
is provided in exercise of the powers conferred by this Act, the date of
practical completion of the highway, or the date on which it is first open for
public use, shall be taken for the purposes of sub-paragraph (3) to be what it
is taken to be for the purposes of paragraph 11(2).
40

Crossrail Bill
Schedule 3 — Highways
70

Part 1

(1)
(2)

Area
Highway or part to be stopped up

City of Westminster
Footpath within Westbourne

Green Sports Complex between

5

points P5, P6 and P7

North-eastern side of Eastbourne

Terrace within extent of narrowing

shown on the deposited plans

Falconberg Court

10

London Borough of Camden
Andrew Borde Street

London Borough of Islington
Cowcross Street between points P1

and P2

City of London
Hayne Street between points P3

and P4

15

Fore Street Avenue between points

P1 and P2

Moorfields between points P2 and

P3

Fulbourne Street between points

20

P1 and P2

Court Street between points P3 and

P4

Wood’s Buildings between points

P5 and P6

25

South-eastern side of Durward

Street within the extent of

narrowing shown on the deposited

plans between points P2 and P7

London Borough of Tower
Garden Street between points P5

30

Hamlets
and P6

Eleanor Street between points P1

and P2

London Borough of Greenwich
Bostall Manorway between points

P3 and P4

35

Abbey Terrace between points P5

and P6

London Borough of Havering
Footpath (FP 123) between

Beechfield Gardens and Nursery

Walk

40

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Schedule 3 — Highways
71

Part 2

(1)
(2)
(3)

Area
Highway or part to be
New highway to be

stopped up
substituted for it

City of Westminster
Westbourne Park
Work No. 1/9C

5

Passage within the

limits of deviation of

Work No. 1/9C

Westbourne Park
Work No. 1/9D

Passage within the

10

limits of deviation of

Work No. 1/9D

London Borough of
Footpath between
New footpath between

Tower Hamlets
Stepney Way and
points P1, P4, P5 and

Stepney Green
P6

15

between points P1, P2

and P3 and between

points P2 and P4

London Borough of
Footpaths between the
New footpath through

Newham
Excel Centre and
intended station, part

20

Victoria Dock Road
of Work No. 1/5

between points P1, P2,
between points P10

P3, P4, P5, P6, P7, P8
and P11

and P9 and between

points P6 and P11

25

Footpath between
Work No. 1/32D

Albert Road and

Factory Road between

points P1 and P2

Barbers Road between
Works Nos. 2/6A,

30

points P1 and P2
2/6B and 2/7

Pudding Mill Lane
Works Nos. 2/6A,

between points P3 and
2/6B and 2/7

P4

Marshgate Lane
Works Nos. 2/6A and

35

within the relevant
2/6B

limits

Footpath (Greenway)
New footpath between

between points P6, P7,
points P5, P14 and P13

P8, P9, P10, P11, P12

40

and P13 and between

points P9 and P11

London Borough of
Footpath on eastern
Work No. 1/34

Greenwich
side of Church Manor

Way between points

45

P1 and P2

Footpath between
Work No. 1/36

Mottisfont Road and

Bostall Manor Way

between points P1 and

50

P2

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Schedule 3 — Highways
72

(1)
(2)
(3)

Area
Highway or part to be
New highway to be

stopped up
substituted for it

London Boroughs of
Footpaths over Abbey
New footpath through

Greenwich and Bexley
Wood Station between
intended station, part

5

points P7, P8, P9, P10
of Work No. 1/7

and P11 and between

points P11 and P12

Felixstowe Road
Work No. 1/37B

within the relevant

10

limits

London Borough of
Gayton Road
Work No. 1/37C

Bexley

London Borough of
Footpath on eastern
New footpath between

Barking & Dagenham
side of Whalebone
points P1, P2 and P3

15

Lane South between

points P1 and P3

London Borough of
Footpath adjacent to
Work No. 2/15D

Havering
bus stand, Atlanta

Boulevard

20

County of Berkshire,
Hollow Hill Lane
Work No. 3/9D

Borough of Slough
between points P1 and

P2

County of
Thorney Lane South
Works Nos. 3/9B and

Buckinghamshire,
between points P1 and
3/9C

25

District of South
P2

Bucks, Parish of Iver

London Borough of
Footpath and
Work No. 3/10F

Hillingdon
cycleway (Kingston

Lane) between points

30

P1 and P2

Old Stockley Road
Footpath and

between points P1 and
cycleway between

P2
points P1 and P2

(Work No. 3/14)

35

2     (1)
The nominated undertaker may, in connection with the construction of the
works authorised by this Act, stop up any bridleway or footpath, or part of
a bridleway or footpath, which is—
(a)
within the limits of deviation for the scheduled works or within the
limits of land to be acquired or used, and
40
(b)
not specified in columns (1) and (2) of the table in paragraph 1.
      (2)
The power conferred by sub-paragraph (1) shall not be exercised unless the
proposed stopping up has been confirmed by the appropriate Ministers
upon application by the nominated undertaker.
      (3)
The appropriate Ministers shall grant an application under sub-paragraph
45
(2) if, but only if, they are satisfied—
(a)
that an alternative bridleway or footpath has been provided,